STATE OF MICHIGAN PROCUREMENT Department of Military and Veterans Affairs 3423 N. MLK Jr. Blvd Lansing, MI 48906 NOTICE OF CONTRACT NOTICE OF CONTRACT NO. 200000002019 . between THE STATE OF MICHIGAN and Various Hurst Mechanical, Inc. 885 Robinwood Ct Program Manager Traverse City, MI 49686 Frank Reed Elizabeth Noffsinger DMVA STATE 231-299-7332 989-619-6864 Contract CONTRACTOR [email protected] Administrator [email protected] V Cust# CONTRACT SUMMARY DESCRIPTION: Perform backflow certification, testing and repairs on backflow preventors at various DMVA facilities throughout the Lower Peninsula of Michigan. INITIAL AVAILABLE EXPIRATION DATE BEFORE INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE OPTIONS CHANGE(S) NOTED BELOW 10/1/2020 9/30/2025 2- one year 09/30/2025 PAYMENT TERMS DELIVERY TIMEFRAME Net 45 ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING ☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☐ No MINIMUM DELIVERY REQUIREMENTS n/s MISCELLANEOUS INFORMATION n/a ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION $175,000.00 Tara Premoe, Procurement Manager Department of Military and Veterans Affairs 9/10/2020 STATE OF MICHIGAN STANDARD CONTRACT TERMS This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and Hurst Mechanical (“Contractor”), a Michigan Corporation. This Contract is effective on October 1, 2020 (“Effective Date”), and unless terminated, expires on September 30, 2025. This Contract may be renewed for up to 2 additional option years at one-year periods Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract. The State will document its exercise of renewal options via Contract Change Notice The parties agree as follows: 1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity. Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities, and meet operational standards, unless otherwise specified in Schedule A. Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) not make any media releases without prior written authorization from the State; (i) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (j) comply with all State physical and IT security policies and standards which will be made available upon request; and (k) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach. Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State. 2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email. If to State: If to Contractor: Elizabeth Noffsinger Frank Reed, Account Manager Camp Grayling JMTC 885 Robinwood Court 1000 M-93/Howe Road Traverse City, MI 49686 Building 4, Headquarters 231-299-7332, Grayling, MI 49739 231-947-6812 989-344-6190 [email protected] [email protected] 3. Contract Administrator. The Contract Administrator for each party is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”): Version 8 (11/2019) 1 State: Contractor: Elizabeth Noffsinger Frank Reed, Account Manager Camp Grayling JMTC 885 Robinwood Court 1000 M-93/Howe Road Traverse City, MI 49686 Building 4, Headquarters 231-299-7332, Grayling, MI 49739 231-947-6812 989-344-6190 [email protected] [email protected] 4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”): State: Contractor: Various-See Attached On-site Supervisor list. Frank Reed, Account Manager 885 Robinwood Court Traverse City, MI 49686 231-299-7332, 231-947-6812 [email protected] 5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Schedule A) if, in the opinion of the State, it will ensure performance of the Contract. 6. Insurance Requirements. Contractor must maintain the insurances identified below and is responsible for all deductibles. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor's or a subcontractor's performance; (b) be primary and non- contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better. Required Limits Additional Requirements Commercial General Liability Insurance Minimum Limits: Contractor must have their policy endorsed to $1,000,000 Each Occurrence Limit add “the State of Michigan, its departments, $1,000,000 Personal & Advertising Injury Limit divisions, agencies, offices, commissions, $2,000,000 General Aggregate Limit officers, employees, and agents” as $2,000,000 Products/Completed Operations additional insureds using endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG Deductible Maximum: 2037 07 04. $50,000 Each Occurrence Version 8 (11/2019) 2 Automobile Liability Insurance Minimum Limits: Contractor must have their policy: (1) $1,000,000 Per Accident endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage. Workers' Compensation Insurance Minimum Limits: Waiver of subrogation, except where waiver Coverage according to applicable laws governing is prohibited by law. work activities. Employers Liability Insurance Minimum Limits: $500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease. Contractor must have their policy: (1) be applicable to the work being performed, including completed operations equal to or exceeding statute of repose; (2) not have exclusions or limitations related to Transportation (upset overturn, spills during loading or unloading, Hazardous Materials Handling, and Non Owned disposal site liability; and (3) endorsed to add “the State of Michigan, its departments, division, agencies, offices, commissions, officers, employees, and agents” as additional insured. If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the effective date of the contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Contract Activities; and (c) if coverage is cancelled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase extended reporting coverage for a minimum of three (3) years after completion of work. Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or delivery order number, at Contract formation and within 20 calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurances contained in this Section; (c) notify the Contract Administrator within 5 business days if any insurance is cancelled; and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver. This Section is not intended to and is not to be construed in any manner as waiving, restricting or limiting the liability of either party for any obligations under this Contract (including any provisions hereof requiring Contractor to indemnify, defend and hold harmless the State). 7. Reserved 8. Reserved 9. Independent Contractor. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in this